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Executive and Legislative documents laid before the General Assembly of North-Carolina [1873; 1874]

1373-74.] Document No. 1. 2T
Constitution, and, by artifice, render, nugatory its provisions.
It is true that you did, at your last session, pass a resolution
to meet again on the third Monday in November, 1S73,,
thereby virtually conceding that, without the enabling aid
of such a resolution, or enactment, you could not meet on
that day if the amendment providing for biennial sessions
should be adopted. There was no necessity for this resolu-tion,
because the Constitution, as it then stood and as it
now stands, made it imperative upon you to convene at
that time, and you. could not disregard it. Why then pass a
resolve to do what the Constitution enjoins, aye, commands
you to do ?
You are now here in regular annual session in obedience
to the Constitution, or you are here on your own adjourn-ment,
and this is but a continuation of your last session.
Which, gentlemen, is it? If it be a regular session as pro-vided
by the Constitution, then I am performing my duty
in addressing this communication to you ; but if it be only
a continuation of your last sitting; then I am performing a
work entirely gratuitous and not required of me either by
the Constitution or by the law. Believing that the resolu-tion
to which I have adverted is of no binding force, I feel
it to be my duty to inform you, that out of abundance of
caution, it would be well to enter at once upon needful legis-lation,
and consummate it before the day appointed for
comparing and declaring the result of the vote on the con-stitutional
amendments, lest it may turn out, after that time,,
that your honorable body is functus officio, and all of your
subsequent acts of legislation null and void.
THE PENITENTIARY.
The report of the directors and officers of this institution
is herewith transmitted to the General Assembly. It is a
matter of satisfaction and gratulation to find the work in
such prosperous condition, notwithstanding the adverse cir-

1373-74.] Document No. 1. 2T
Constitution, and, by artifice, render, nugatory its provisions.
It is true that you did, at your last session, pass a resolution
to meet again on the third Monday in November, 1S73,,
thereby virtually conceding that, without the enabling aid
of such a resolution, or enactment, you could not meet on
that day if the amendment providing for biennial sessions
should be adopted. There was no necessity for this resolu-tion,
because the Constitution, as it then stood and as it
now stands, made it imperative upon you to convene at
that time, and you. could not disregard it. Why then pass a
resolve to do what the Constitution enjoins, aye, commands
you to do ?
You are now here in regular annual session in obedience
to the Constitution, or you are here on your own adjourn-ment,
and this is but a continuation of your last session.
Which, gentlemen, is it? If it be a regular session as pro-vided
by the Constitution, then I am performing my duty
in addressing this communication to you ; but if it be only
a continuation of your last sitting; then I am performing a
work entirely gratuitous and not required of me either by
the Constitution or by the law. Believing that the resolu-tion
to which I have adverted is of no binding force, I feel
it to be my duty to inform you, that out of abundance of
caution, it would be well to enter at once upon needful legis-lation,
and consummate it before the day appointed for
comparing and declaring the result of the vote on the con-stitutional
amendments, lest it may turn out, after that time,,
that your honorable body is functus officio, and all of your
subsequent acts of legislation null and void.
THE PENITENTIARY.
The report of the directors and officers of this institution
is herewith transmitted to the General Assembly. It is a
matter of satisfaction and gratulation to find the work in
such prosperous condition, notwithstanding the adverse cir-